Durum Wheat Quality Program — USDA Payments for Fungicide Treatment of Durum Wheat
Legal Authority
- Section 1613 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill, Pub. L. 110-246): authorizes the Durum Wheat Quality Program; directs the USDA to make payments to eligible durum wheat producers who apply approved fungicides to combat Fusarium head blight; appropriates up to $10 million per fiscal year for crop years 2009–2012
- 7 CFR Part 1413 — USDA Farm Service Agency regulations implementing the DWQP; establishes eligible producers, approved fungicides, payment rates, application periods, and compliance requirements
Key Mechanics
The DWQP is a closed program — no new crop years have been authorized since 2012 — but the regulations remain in force to govern outstanding payments, audits, and compliance reviews from the 2009–2012 program years. Payments were made to durum wheat producers who applied FSA-approved fungicides (primarily Caramba or Prosaro) during the specified application windows. Payment rates were set per bushel of eligible planted acreage, subject to a per-acre cap and the $10 million annual appropriation. FSA county offices administered the program; producers submitted payment applications with documentation of fungicide application.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 7 CFR Part 1413 |
| Issuing agency | USDA Farm Service Agency (FSA) / Commodity Credit Corporation (CCC) |
| Statutory authority | Section 1613 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) |
| Last major amendment | Program years 2009–2012 (closed program) |
What This Rule Does
Fusarium head blight — commonly called "scab" — is a fungal disease that devastates durum wheat crops, reducing yields and contaminating grain with mycotoxins that make it unusable for pasta manufacturing. The Durum Wheat Quality Program (DWQP) authorized Congress to pay durum wheat producers for the cost of applying approved fungicides to combat scab, improving the quality of the U.S. durum wheat crop and the economic viability of pasta wheat production.
Seven CFR Part 1413 implements the DWQP under Section 1613 of the 2008 Farm Bill. The program was funded at up to $10 million per fiscal year for crop years 2009 through 2012. It is a closed program — no new crop years have been authorized — but the regulations remain in force to govern outstanding payments, audits, and compliance reviews from those program years.
Key Provisions
- § 1413.101 — The DWQP runs under the general supervision of the Executive Vice President of the Commodity Credit Corporation; FSA county offices administer the program at the local level
- § 1413.102 — Definitions: "durum wheat" means the hard amber variety used for pasta; "eligible acreage" means acres of durum wheat treated with an approved fungicide; "eligible producer" means a person with a share in the crop; "approved fungicide" means one that USDA has determined to be effective against Fusarium head blight
- § 1413.104 — Eligibility: to receive a DWQP payment, a producer must (1) have a financial interest in durum wheat acres on the application, (2) have applied an eligible fungicide to those acres during the application window, and (3) have filed required reports of acreage with FSA
- § 1413.106 — Application process: producers must submit a completed application, supporting documentation, and an acreage report to their local FSA county office within the program's enrollment period; late applications are not accepted; FSA verifies the application against reported acreage
- § 1413.107 — Funding: up to $10 million may be spent annually for DWQP payments in fiscal years 2009–2012; if total claims exceed available funds, payments are prorated so all eligible producers receive equal percentage of their eligible payment
- § 1413.108 — Payment calculation: FSA multiplies the number of eligible acres by a per-acre payment rate, adjusted by the producer's share in the crop; the per-acre rate reflects the approximate cost of fungicide treatment; payments are reduced by other government payments received for the same cost
- § 1413.109 — Refunds and joint liability: producers who received excess payments, payments based on incorrect information, or payments they were not entitled to must repay CCC; producers who share an interest in treated acres are jointly and severally liable for any repayment obligation
- § 1413.110 — Fraud: producers who used a scheme or device to receive DWQP payments to which they were not entitled — or who knowingly provided false information — are ineligible for all program benefits and must repay any amounts received; FSA refers fraud cases for criminal prosecution
- § 1413.111 — Payment protections: DWQP payments are not subject to state title disputes or private liens; FSA makes payments without regard to creditor claims on the underlying crop
- § 1413.112 — Appeals: disputes about DWQP eligibility or payment decisions are resolved through the standard USDA appeal procedures under 7 CFR Parts 11 and 780
- § 1413.113 — Payments to deceased or dissolved entities: if a producer who received DWQP payments dies or their business entity is dissolved, FSA may make payment to the estate, legal successor, or administrator following applicable state law
How It Affects You
The Durum Wheat Quality Program is closed to new enrollment — it covered crop years 2009 through 2012. If your operation participated in those years, the remaining obligations are:
Record retention: FSA may conduct spot-check audits of producers who received DWQP payments. Maintain acreage records, fungicide purchase receipts, and application records for three years from your final payment date.
Joint liability: If you held a shared interest in treated durum wheat acres, you remain jointly and severally liable with co-producers for any repayment obligation FSA may assert, even if the other parties to the crop interest are no longer involved in farming.
Broader context: The DWQP is one example of how Congress uses targeted commodity incentive programs to address specific agricultural pest and disease threats that affect crop quality rather than quantity. The program's structure — voluntary enrollment, cost-share reimbursement, and CCC funding authority — is the template USDA uses for similar disease management programs when crop quality threats emerge.
Statutory Authority
This rule implements:
- Section 1613 of the Food, Conservation, and Energy Act of 2008 (P.L. 110-246) — Authorized and funded the Durum Wheat Quality Program for crop years 2009–2012; directed USDA to establish regulations, eligibility criteria, and payment rates
- CCC charter authority — The Commodity Credit Corporation funds the payments; general CCC authority backs FSA's administration
Recent Rulemakings
No amendments since original promulgation. The program years authorized by the 2008 Farm Bill (2009–2012) are complete; no subsequent Farm Bill has reauthorized the DWQP.